Commission of a Crime with Firearm S198B(1)(b) CA61

Question 1

What are the elements to Commission of a Crime with a firearm S198B(1)(b) CA61

Answer 1

• While committing any imprisonable offence
• Has any firearm with him/her
• In circumstances that prima facie show an intention to use it in connection with that imprisonable offence

Question 2

Define Imprisonable Offence

Answer 2

Any offence which is punishable by a term of imprisonment

Question 3

Define Firearm S2 Arms Act 83

Answer 3

Means anything from which any shot, bullet, missile, or other projectile cane be discharged by force of explosive

Question 4

Define “Has with him/her” regarding S198B CA61

Answer 4

The offender must know they have the firearm with them, mere possession is insufficient. There must be evidence, that the offender not only had possession, in the sense that he/she knowingly had custody and control of a firearm, but also that it was available at the time and at hand to use whilst committing the imprisonable offence

Question 5

Define Prima Facie

Answer 5

In Latin terms, Prima Facie means “At first appearance”. In Tuli v Police, Prima Facie circumstances are those which are sufficient to establish intent in the absence of evidence